In these Coward Action of Violence.. Should the Syndrome be barred AS A DEFENSE in a MURDER CASE. JR . Against violence.

Should "Battered Woman’s Syndrome be barred AS A  defense in a murder case?

Yes, I believe that "Battered Wife Syndrome" should be used as a defense in a court case.

"Battered Woman Syndrome" has become a sometimes-successful defense for women who, having suffered years of brutal, physical abuse, and having been failed by their families, the police, and the courts, finally kill their abuser to save their life, and sometimes their children’s lives (Winters 150-152). When defense lawyers are permitted to explain a woman’s terror, isolation, and powerless as battered woman syndrome, prosecutors, judges, and juries are able to see battered women’s circumstances more clearly and deal with them more fairly. Many people are beginning to think that the average juror is growing more receptive to the idea that criminal impulses are sometimes excusable. Using "Battered Wife/Woman Syndrome" is admissible in court in just about every state. Unfortunately, the battle continues in some states. The requirement of proof of imminent danger still prevents some battered women from claiming self-defense (Winters 151-152). However, the success of the battered woman syndrome is rising because society is finally allowing the truths about abuse and what it does to the victims in the courtroom.

Deciding who has a case, and who does not, is the jury’s job. However, it is important to realize that limiting the kinds of defenses that people are allowed to use in a case, means limiting what informarion juries are allowed to know (Winters 153). Michael Dowd, director of the Battered Women’s Justice Center in New York, quoted, "If we as a society can not make the distinction between real victims and the "exusemongers", it’s not because there is something wrong with the battered women, it’s because there is something wrong with us".

Lenore Walker, an expert on Battered Women’s Syndrome in the U.S., denies the typical battered woman as one who is subjected to cruel behavior (physical, sexual, and/or mental) by a mate and experiences at least two cruel behavior incidents.

In court hearings, the issue of reasonableness is at the heart of any defendant’s claim of self-defense (Swisher & Wekesser 275-276). By reasonableness, I mean that the defendant’s actions for self-defense must appear reasonable to the average juror. Many advocates foe battered women agree that expert testimony on Battered Women’s Syndrome should be admissible in all cases. Defense attorneys, through the use of expert testimony, use the notion that the battered woman was responding appropriately to her situation. Also, that the victim’s fear of death or serious bodily harm was indeed reasonable, and that the battered woman would have more than likely been killed if the attempted to escape the violent relationship (Swisher & Wekesser 264)

In conclusion, I’m not saying that a victim of abuse, who kills her mate, and then makes the mate a victim of murder, is the solution. However, I do not believe that

evidence of abuse in an intimate relationship, which leads to the death of one of the partners, should be used in a court hearing. Being physically, mentally, and emotionally abused is a frightening and lonely experience (Lantell 1). When a women is abused repeatedly, and is threaten with death, she becomes fearful of her tormentor (Swisher & Wekesser 279), and in that state of mind, the only way to escape the abuse, and to save their life, is to put an end to the life of her tormentor.

Many advoctes say the a common question asked by society is, "Why does a women (or anyone for that matter) stay in an abusive relationship?" The reasons of why shy she stays range from financial to emotional reasons, and also to religious reasons. The real questions people should be asking is, "Why don’t men stop battering?" and,"What can we as a society do to ensure that abuse stops?"

It is very important that as a society, we learn, teach, and become more aware of domestic violence, in order for the death rated of women and men involved in abusive relationship decrease. Today, there are many organizations that can be useful for victims of abuse, the batters, and the society as a whole. 

 

Facts on Domestic Violence

wAccording to early Roman laws, a man could beat, divorce, or murder his wife for offenses committed by her, that dishonored him or threatened his property rights.

In 1824, the Supreme Court of Mississippi affirmed ancient English common law, by granting a husband the right to chastise his wife (Swisher & Wekesser 21-23).

In 1883, Maryland became the first state to outlaw wife beating by legislation (Taking Sides 289).

wAbuse on women is defined, according to "Into the Light", a guide for battered women is as follows: repeated acts, which cause physical or emotional harm, perpetrated by a woman’s intimate partner. Such acts include: slapping, shaking, punching, beating, pushing, kicking, stabbing, using demeaning sexual names, and forcing unwanted sex.

wAccording to a pamphlet by "Take A Bite Out Of Crime", as many as 4 million women in this country suffer some kind of violence at the hands of their husbands or boyfriends each year, very few tell anyone.

wVictims and batters come from all walks of life: all cultures, all income groups, all ages, and all religions.

wBetween 22% and 35% of all visits by females to emergency rooms are for injuries from domestic assaults (Swisher & Welesser 263)